Resolution - 5221RESOLUTION NO. 5221
A RESOLUTION OF THE CITY COUNCIL OF ;THE CITY
OF WEST COVINA NAMING AUTHORIZED REPRESENTATIVES
OF SAID CITY TO SIGN FOR AND ACCEPT SURPLUS
FEDERAL PROPERTY
• COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500
WHEREAS, by Public Law 655, 84th Congress (70th Stat.493),
the Federal Government has authorized the donation of surplus Federal
property for civil defense purposes; and
WHEREAS, certain conditions are imposed 'by the Defense
Civil Preparedness Agency, Region Seven, the Department of Health,
Education and Welfare, the California Office of Emergency,Services,
and the State Educational Agency for Surplus Property, in connection
with the acquisition of such property; and
WHEREAS, the City of West Covina desires to establish its
el igibi 1 ity for such property;
IT IS, THEREFORE, certified that:
I. It is an emergency services organization designated
pursuant to State law, within the meaning of the Federal Property and
Administrative Services Act of 1949, as amended, and the regulations
of the Department of Health, Education and Welfare.
II. Property requested by this document is usable and
necessary in the State for emergency service purposes, including re-
search for any such purpose; as required for its own use to fill an
existing need; and is not being acquired for any other use or purpose,
for use outside of the State, or for sale.
III. Funds are available to pay the costs of care and
handling incident to donation, including packing, preparation for
shipping, loading, and transporting such property.
THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY, RE-
GARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES:
A. Property acquired by the donee shall be on an
"as is", "where is" basis, without warranty of any kind.
B. There will also be applicable such other terms
and conditions as are contained in the regulations of the Office of
Civil Defense, Office of the Secretary of the Army, Part 1802 of
Chapter XVIII of Title 32 of the Code of Federal Regulations.
11. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
PROPERTY HAVING A SINGLE ITEM ACQUISITION COST OF $2500 OR MORE DONATED
FOR EMERGENCY SERVICE PURPOSES:
A. All such property shall be distributed and,
• during the period of restriction, be properly maintained in good oper-
ational condition and stored, or installed or utilized only as necessary
to achieve a state of operational readiness as required by the emergency
service mission assigned to the donee in accordance with the emergency
operational plans of the State and, where applicable, local government
(which are in consonance with national emergency objectives, as now or
hereafter amended).
B. Except as otherwise expressly provided herein
below and unless and until expressly waived in writing by the Regional
Director of the Defense Civil Preparedness Agency, on a case basis,
the period of restriction for all items of property donated having a
single item acquisition cost to the Federal Government of $2500 or
more shall be four years from the date of donation. The specific
• exceptions are as follows:
1. Motor Vehicles, Federal Supply. Classification
(FSC) Group 23 -- for which a two-year period of restriction shall
apply.
2. Items of property donated having a unit fair
market value of $25.00 or more, but less than $2500 government acquis-
ition cost, for which a one-year period of State restriction shall
apply.
3. Terms and conditions applicable to aircraft
and to vessels measuring 50 feet or more in length are specific ex-
ceptions to all of this section; but the provisions are those specified
in the appropriate conditional transfer documents in accordance with
regulations of the Department of Health, Education and Welfare.
C. During the period of restriction, the property
shall not be sold, traded, leased, loaned, bailed, encumbered, or
otherwise disposed of without the specific prior written approval of
the Regional Director of the Defense Civil Preparedness Agency or the
Director of the Office of Emergency Services.
D. If, during the period of restriction, property
is no longer suitable, usable, or further needed for the purpose for
• which acquired, the donee shall promptly notify the Defense Civil
Preparedness Agency, through the Office of Emergency Services and
shall, as directed by the Defense Civil Preparedness Agency, retransfer
the property to such department or agency of the United States of
America or such other donee as may be designated by the Defense Civil
Preparedness Agency.
E. In the event any of the terms and conditions set
forth in this section are breached, all right, title, and interest in
the property involved shall, at the option of the Defense Civil Prep-
aredness Agency, revert to the United States of America. In addition,
where there has been an unauthorized disposal or improper use, the
donee, at the option of the Defense Civil Preparedness Agency, shall
be liable to the United States of America for all damages. Where the
property is not returned to possession,and ownership of the United
States of America or where property has been improperly used, the
donee shall be liable to the United States of America and all proceeds
shall be deemed to have been received and held in trust for the United
States of America and the donee shall promptly remit the same to the
Defense Civil Preparedness Agency. When the fair market value or
rental value of the property at the time of such disposal or im.proper
use is greater than the proceeds derived from such action, the donee
shall, at the option of the Defense Civil Preparedness Agency, also be
liable for and promptly remit the difference between such proceeds and
such value, as determined by the Defense Civil Preparedness Agency.
The remedies provided in this paragraph (E) of this section are in
• addition to administrative compliance measures, and all civil remedies
and criminal penalties provided by law.
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NOW, THEREFORE, IT IS RESOLVED by the City Council of
said City that:
Leonard Eliot Acting Emergency Services Director
• Name and Official Title
Signature
Ross Bonham Deputy Emergency Services Director
(Name and Official Title
Signature
are hereby designated as the authorized representatives of said City
to sign for and accept surplus Federal property, regardless of
acquisition cost, in accordance with the conditions imposed by the
above agencies; and be it
FURTHER RESOLVED that this resolution of authorization
shall remain in full force and effect until superseded or rescinded
by resolution of this Council transmitted in duplicate to the California
Office of Emergency Services; and be it
• FURTHER RESOLVED that the Clerk of this Council is hereby
authorized and directed to send two (2) certified copies of this
resolution to the California Office of Emergency Services, for filing
with said Office and with the State Department of Education.
PASSED AND ADOPTED THIS 12th day of April , 1976,
by the City Council of the City of West Covina, State of California,
by the following vote:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES : None
ABSENT: None
ATTEST:
Clerk Mayor
I, Lela W. Preston, City Clerk of the City of West Covina, California,
do hereby certify the foregoing is a full, true, and correct copy of a
resolution adopted by the said Council at a regular
meeting thereof held at its regular place of meeting at the time and
•by the vote above stated, which resolution is on file in the office of
said Council
�7u'VL
Clerk